Bonilla et al v. Bonilla

Filing 3

ORDER OF DISMISSAL AND TERMINATING PENDING MOTIONS. Signed by Judge Claudia Wilken on 3/11/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 3/11/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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STEVEN BONILLA AND SUNSTATE
TROPICAL WHOLESALE NURSERY,

Case No.: 13-00951 CW (PR)

Plaintiffs,
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United States District Court
For the Northern District of California

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v.
FLOY E. DAWSON, et al.,
Defendants.
STEVEN BONILLA AND SUNSTATE
TROPICAL WHOLESALE NURSERY,

Case No.: 13-00952 CW (PR)

Plaintiffs,
v.

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KATHLEEN BONILLA,
Defendant.
STEVEN BONILLA AND SUNSTATE
TROPICAL WHOLESALE NURSERY,

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Plaintiffs,

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Case No.: 13-00953 CW (PR)

v.

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FRANCIE KOEHLER, et al.,

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Defendants.
STEVEN BONILLA AND SUNSTATE
TROPICAL WHOLESALE NURSERY,

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Plaintiffs,

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Case No.: 13-00954 CW (PR)

v.

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PACIFIC GROWERS, et al.,
Defendants.
STEVEN BONILLA AND SUNSTATE
TROPICAL WHOLESALE NURSERY,

Case No.: 13-00955 CW (PR)

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Plaintiffs,
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v.
PACIFIC GROWERS,

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Defendant.

ORDER OF DISMISSAL AND
TERMINATING PENDING MOTIONS

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Plaintiff Steven Bonilla is a state prisoner proceeding pro

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se who seeks leave to proceed in forma pauperis (IFP) in these

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five civil actions.

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Tropical Wholesale Nursery, a company of which he alleges he is

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the president and owner.

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various individuals and entities who he maintains are “in default

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of an opportunity to respond” to a “commercial affidavit” he sent

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them demanding the payment of debt owed to the company.

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to Plaintiff, Defendants’ activities are also related to his

He brings these actions on behalf of Sunstate

In these actions, he attempts to sue

According

United States District Court
For the Northern District of California

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criminal conviction.

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these same individuals and entities in federal court on numerous

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occasions.

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failure to state a claim upon which relief may be granted.

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Plaintiff previously has attempted to sue

This Court has dismissed all of those actions for

On October 25, 2011, the Court informed Plaintiff that, in

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accordance with 28 U.S.C. § 1915(g), he no longer qualifies to

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proceed IFP in any civil action he files in this Court.

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Steven Bonilla, Nos. C 11-3180, et seq. CW (PR), Order of Dismissal

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at 6:23-7:19.

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Plaintiff may proceed IFP if he “is under imminent danger of

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serious physical injury.”

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language of the imminent danger clause in § 1915(g) indicates that

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“imminent danger” is to be assessed at the time of filing of the

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complaint.

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Cir. 2007).

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See In re

The sole exception to this restriction is that

28 U.S.C. § 1915(g).

The plain

See Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th

Here, Plaintiff has not alleged facts that show he was in

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imminent danger of serious physical injury at the time he filed

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these complaints.

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sentenced to death does not, at this time, satisfy the imminent

Further, the fact that Plaintiff has been

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danger requirement.

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because this Court has entered a stay of execution in his pending

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federal habeas corpus action.

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CW (PR), Docket no. 3.

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He is not in imminent danger of execution

See Bonilla v. Ayers, No. C 08-0471

Moreover, as the Court has explained to Plaintiff on numerous

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occasions, to the extent the relief he seeks pertains to his

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ongoing attempts to invalidate his conviction, such claims, if

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raised, must be brought by appointed counsel in his pending

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federal habeas corpus action.

United States District Court
For the Northern District of California

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Accordingly, for the foregoing reasons, Plaintiff’s requests

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to proceed IFP are DENIED and these actions are hereby DISMISSED.

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The Clerk of the Court shall terminate all pending motions,
enter judgment and close the files.

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The Clerk shall file a copy of this Order in C 08-0471 CW.

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IT IS SO ORDERED.

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Dated: 3/11/2013
________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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